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Home My WebLink About2020 02 05 Public Hearing 400 - Accessory Dwelling Unit – Nancy S. Freeman and John W. McHale III General Information Applicant(s) Nancy S. Freeman and John W. McHale III Property Nancy S. Freeman and John W. McHale III Owner(s) Location 900 Dyson Drive, Winter Springs, FL 32708 Tract Size ± 1.40 Acres (60,966 SF) Parcel ID 13-21-30-5CX-0000-2190 Number Winter Springs Planned Unit Development (PUD) Zoning Designation Subdivision Winter Springs Unit 3 FLUM Rural Residential | Density up to 1 du/gross acre Designation North: Winter Springs (PUD) South: Winter Springs (PUD) Adjacent Land Use East: Winter Springs (PUD) West: Winter Springs (PUD) Setbacks Front: 40 ft. Rear: 20 ft. Side: 20 ft. Corner: 25 ft. Minimum Living Minimum Lot Minimum Lot Lot Coverage: Development Area: 2,000 SF Area: 40,000 Width: 100 ft.40% Standards SF Development Declaration of Restrictions | Pending Agreement Code Not Applicable Enforcement City LiensNot Applicable The City of Winter Springs has received public input from local residents see Exhibit 8. a. Zoning district. A property owner may request a conditional use approval to allow one (1) accessory dwelling unit in any of the following zoning districts: R-1AAA Single-Family Dwelling District R-CI Single-Family Dwelling District R-1AA and R-1A One-Family Dwelling District R-1 One-Family Dwelling District Planned Unit Development District b. Existing development on lot. A single-family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. c. Location. The ADU may be attached to or detached from the principal dwelling. d. Owner occupancy required; declaration of restrictions. The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Seminole County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that: 1. The ADU shall not be sold or conveyed separate from the principal residence; 2. The ADU is restricted to the approved size; 3. The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence; 4. The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit; 5. The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and 6. The ADU shall not be used for commercial purposes other than being leased for residential purposes. e. Number of ADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or parcel. f. Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. g. =ɳȀșǐȀȤǲ ǺǗȀǲǺɫ ƬȤǐ ‎ɝɫȯɕȀǗɝڈ‎ The ADU shall meet the building height regulations for the zoning district in which it is located. h. Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located. i. Parking and access. A minimum of one (1) parking space shall be provided on- site for the ADU in addition to the required off-street parking spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling. j. Water and wastewater services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capacity requirements. k. Other code requirements. The ADU shall comply with all applicable building codes. l. Lot size, minimum; principal residence minimum‎ڈ‎ A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty (1,350) square feet of air conditioned area. m. Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (400) square feet of air conditioned area. ADUs that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. n. Design. The ADU shall replicate the design of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the minimum community appearance and aesthetic review standards to ensure residential compatibility and harmony (see section 9-600 et. seq.). o. Privacy. Privacy and screening of adjacent properties is of utmost importance in the orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties. p. Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see section 20-36). q. Approval process. The conditional use/aesthetic review approval of an ADU is subject to a public hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeowners' association. The city commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see section 20- 27 and section 20-33). Variance requirements as set forth in as follows: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. Applicant: Finding: No, the applicant has not listed special conditions and circumstances that are applicable to the land justifying the variances requested, and staff has not identified any special conditions of the land or buildings that would preclude utilizing the existing driveway or designing a smaller ADU. The applicant has cited the fact that 10 large oak trees may have to be removed if the ADU were located such that the existing driveway could be utilized, but the tree inventory appears to show multiple locations on the lot which would accommodate an ADU. 2.That special conditions and circumstances do not result from the actions of the applicant or applicant's predecessor in title. Applicant: Finding: There are no special circumstances identified by the applicant or staff which would justify the variances as described above. 3.That literal interpretation of this chapter would work an unnecessary and undue hardship on the applicant deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and other applicable building and land development codes of the city. Applicant Finding: No, the applicant has not provided an undue hardship and the denial of the request does not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and other applicable building and land development codes of the City. The applicant did not supply staff with a tree survey indicating the location of the trees. The Landscape Manager provided a cursory review at the subject site, providing a sketch of the location of trees on-site. This analysis demonstrates that the proposed ADU could be placed in a different location at the rear and closer to the primary structure with minimal, if any tree removal. That the lot could support a larger ADU is not relevant; the City Commission has established applicable sizing regulations. It will not deprive the owner of reasonable use of her property to build an ADU meeting the applicable sizing and driveway requirements. 4. That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. Applicant: Finding: See Section 2 above. 5.That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. Applicant: responses. Finding: An approval of the variances requested does confer on the applicant a special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. Other property owners must comply with the applicable sizing and driveway requirements for ADUs. 6.That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. Applicant: Finding: No, the requested variance is not a minimal variance request. The applicant is deviating thirty-eight point three (38.3) percent from the Code requirements. The applicant is proposing a 796 SF (under air conditioning) ADU. Per Sec. 6-85(m) Unit size: The living area of the ADU shall be a maximum of thirty (30) percent of the air-conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. According to the Seminole County Property Appraiser the air conditioned area of the principal residence is 2,075 SF. Thirty (30) percent of the air-conditioned area of the principal residence is 622.5 SF. 7. That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Applicant: Finding: One accessory dwelling serving a single resident will not be injurious to the neighborhood or otherwise detrimental to the public welfare. However, the design and location of this ADU with a separate driveway will present the impression of a divided lot thus, not in conformance with the surrounding properties. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. 9ǣŷźĬźƷ Ћ Conditional Use Application 9ǣŷźĬźƷ Ќ Variance Application 9ǣŷźĬźƷ Ѝ Variance Application 9ǣŷźĬźƷ Ў 9ǣŷźĬźƷ Џ 9ǣŷźĬźƷ 9ǣŷźĬźƷ J >Ȁɫʒ ÅșƬȤȤǗɕ P: ‎ײײ״װڋײ׭׮ڀײ׫ׯٿ‎ F: A: ‎þȀȤɫǗɕ ÐɒɕȀȤǲɝ٨ fșȯɕȀǐƬ ׮׭׳׫ײ‎